Legal Question in Employment Law in California

Wrongful Demotion due to Defamation of Character?
I had another employee notice a plastic bag in my purse and jokingly and loudly ask me if it was marijuana. Later that day an employee beneath my supervision needed correction on some of her work and stated to me, ''I wouldn't want to be rude to me if I were you, I have dirt on you'' It later occurred to me she had heard the comment made earlier by another employee. I stated to her that I wasn't meaning to be rude and apologized. She informed my boss that I had marijuana in my purse and I was called into her office. I was subjected to a drug test and demoted. Then I was told it was probably best due to the fact that too much drama surrounded me because of a lack of acceptance within my peer group at work regarding my promotion in the first place due to my age. She had also mentioned that I was having some performance issues as well. However, had the comment not came to fruition in the first place, I would not have been demoted today and would've still had opportunity to correct any foreseeable performance issues.

Asked on 9/17/08, 6:28 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: Wrongful Demotion due to Defamation of Character?

Implied is that the drug test was clean, or you should/would have been fired. Implied is that you are young; if so, then you are not protected by the discrimination laws covering older workers. Implied is that there are complaints about you in addition to your 'performance issues'; if so correct the problems or get fired. "Defamation" is not raised by your description.

Answered on 9/17/08, 9:34 pm

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